A clan from the Yangoru Saussia district in the East Sepik Province was granted leave today by the National Court to challenge a decision by their local MP Richard Maru and others to acquire land and build a district market.
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| Home being destroyed as a result of compulsory land acquisition |
The Huanje Javahama clan represented by principal plaintiff Efex Kwarilomo have gone to court alleging that their customary land was acquired controversially and fraudulently.
Justice Nicholas Miviri after considering the evidence has ordered that Efex and his clan through their Moses Murray Lawyers file and serve documents to all defendants by October for the substantive hearing.
Though relieved by the court’s decision, principal plaintiff Efex Kwarilomo is still distraught about the dreadful events that occurred and have prompted his Huanje Javahama clan to file court proceedings.
His lawyer Livai Kuaken had to stand in for him and briefly spoke to the media.
"What has happened is that the district intends to build a district market, " Kuaken explained.
Efex and his clan initially filed an originating summons on trespassing but while that was on foot, they learnt that a land title has been issued to the district authority named as portion 178C Milinch Kubalia, East Sepik Province and that was facilitated by the department of lands through compulsory acquisition.
They went to court again, withdrew the proceeding and then filed for a judicial review with a decision now in their favour to proceed to a substantive hearing.
What the court found was that the actions of MP Richard Maru, the Yangoru Sausia District Development Authority, the East Sepik Division of lands and the lands department committed errors of law and this was coupled with breach of principles of natural justice.
The court noted that there was no explanation given to the clan who owned the land before compulsory acquisition to build a district market.
The Huanje Javahama clan of Wamain village , Numbo LLG had to be made aware because it was their customary land and their rights were breached and deprived from being compensated.
There was also no inspection by the valuer general.
Based on a falsified land investigation report of 23 June 2015, the court heard it was registered at the Lands Department and the minister applied section 10 of the and act to compulsory acquire it.
A K671,000 was paid by MP Richard Maru and the Yangoru Saussia DDA to someone who misrepresented Efex Kwarilomo and his clan.
They then forcefully entered the land destroyed properties and demolished Efex’s home.
Justice Miviri said Efex had legal standing to argue because he was directly affected, his home was demolished and he had no other administrative avenue to resolve the matter.
He said there was an arguable case given the issue of law against the conduct of MP Richard Maru and others.
Justice Miviri also said the decision by the defendants was unreasonable and contrary to the Wednesbury principles of reasonableness.
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